The Federal Government’s anti-terror legislation puts Australia on a dangerous path according to the Uniting Church President, the Reverend Dr. Dean Drayton.
“While every Government has a responsibility to protect its citizens, these new laws send a clear message that the only way to do this is to erode people’s rights. They have the potential to create an atmosphere of fear and distrust in Australia.
“We are concerned the Government has failed to allow adequate time for public discussion and debate about the proposed laws. It is unacceptable that the community is being told to accept measures that radically curtail civil liberties without widespread and substantial consultation.
“Preventative detention without judicial sanction is out of step with community expectations of accountability and transparency. Administrative detention has a dark history in some of the most oppressive regimes in the world. It is imperative, therefore, that a very clear case is made for its introduction and that appropriate and stringent safeguards be put in place. The Government must ensure that this legislation is not open to abuse,” Rev. Drayton said.
“We are concerned about the erosion of community trust. What will it do to the psyche of the Australian people to know they can be detained with no recourse and no way of telling their loved ones what is happening or making arrangements for work commitments?” Rev. Drayton said the Church was also concerned that these new laws could threaten freedom of association and speech.
“We are especially concerned that these laws will result in suppression of peaceful activism, religious freedom and expression, and may encourage discrimination against members of the Islamic community. The recent deportation of peace activist Scott Parkin was conducted with no explanation. We do not know and cannot know why he was determined to be such a grievous threat and we are concerned that these new laws will further entrench this culture of secrecy.”
Rev. Drayton said that politicians must remain accountable to the electorate and vigilant in their protection of civil liberties.
“We all want to live in security, but laws which take action against citizens without the sanction of the judicial system damage trust and needlessly engender fear. We urge our political leaders to work for an open and tolerant Australia committed to overcoming violence through peaceful means.”
Media Contact: Gavin Melvin, Manager, National Media and Communication – 0417 416 674
“While our nation stopped for three and a half minutes for a horse race this week how many Australians have spent three and a half minutes considering the new anti-terror laws to be introduced into Parliament? How many of us have really thought about the impact they could have on ordinary Australians" asks the Uniting Church President Rev. Dr Dean Drayton.
The world is a very different place today than it was 30 years ago. Sadly, we are confronted by people who are so committed to a particular cause that they are willing to take lives in the name of that cause.
National Security is now the big issue and political leaders of all persuasions in Australia have, rightly or wrongly, campaigned on the issue in recent years.
The so called War on Terrorism is in full swing, and as our political leaders have taken steps in recent years to protect Australians, they have unashamedly played the fear card.
More recently, as part of the latest battle in the war, we have been confronted with harsher, more authoritarian laws that give authorities unprecedented powers deal with that threat.
Our leaders now expect us to give away the basic common law right of habeas corpus (the right for a prisoner be brought before a judge to determine if they are being held lawfully), the right to due process and the presumption of innocence, because they say this is the best way to track and intercept terrorist activity.
If recent polling is anything to go by, our political leaders have succeeded in their fear campaign. An AC Nielsen survey released this week showed three quarters of respondents support the toughest elements of the proposed new laws - locking up suspected terrorists without charge, putting them under house arrest or shackling them with tracking devices.
Australians have been convinced by the rhetoric and accepted that these “difficult” times require exceptional laws that give more power to the authorities to deal with the threat of terrorism. In the race to track down and weed out terrorists, Australians appear willing to accept laws that take away the very building blocks of our democracy – the very building blocks that underpin our quintessentially Australian traditions of dignity, respect and a fair go for all.
We’ve agreed to place our trust in the administrative arm of Government that any infringement of a citizens existing civil rights will be reserved only for those who’ve done the wrong thing – the rest of us law abiding citizen should have nothing to fear.
The Rau and Alvarez cases are a stark reminder of what could happen under the proposed laws. My own experience of working with Asylum Seekers in a Departmental culture that could not be questioned, was frightening. Thank God the Minister in charge was helpful when the Department was not.
Where is the justice in detaining someone, who later turns out be innocent, without charge or trial for up to seven days with the possibility of seven more at ASIO’s discretion?
Have you considered the possibility of mistakenly being detained with no right to contact any person, including family, friends, or lawyers, other than to say you are safe but not able to be contacted at this time?
What if through no fault of you own, you fail to answer the authorities' questions satisfactorily and are liable for five years' imprisonment?
Would you willingly accept a control order being made against you or a family member on the application of a Federal Police officer when the person being “controlled” has no chance to attend, or be represented by a lawyer when a court hears that application?
How many of those surveyed recently would still consider Australia the lucky country and the land of a fair go, if they, or a loved one, were subjected to electronic tracking, phone intercepts and even home detention for up to a year without being told the reason why? How then could they possibly get a fair hearing in a court if they apply to have the order overturned?
Of course, we have been reassured that these laws will only be used in exceptional cases where national security is threatened.
While we all hope mistakes or injustices will never occur, can we really accept these new laws in their current form with no more than a promise from our political leaders that the rights of innocent people will not be jeopardised? What will it do to the psyche of the Australian people if innocent people are detained, interrogated or placed under control orders and they are unable to easily prove their innocence?
The history of those responsible for administering the mandatory detention of asylum seekers is not encouraging. They gave us Baxter. Do we want to give authorities even greater powers like the ones contained in this latest Australian Solution? How long before we have our own Guantanamo Bay?
All Australians want to live in security, as Gerard Henderson points out in one of his recent columns, “… social democratic leaders alike understand that there is a demand among a clear majority of Australians for a greater focus on national security at a time of terrorist threat.”
The problem occurs when that focus results in laws which take action against citizens without the sanction of the judicial system. Yes, we live in changed times and it would be irresponsible for any Government not to take steps to protect it citizens from a terrorist attack.
Yes, we do need new anti-terrorism laws but we need laws that are open and accountable to the Australian people, which don’t remove our basic rights. We shouldn’t be asked to relinquish our right to be charged if we are imprisoned, our right to a lawyer and our right to defend any charges made against us with full access to the details of why we were charged.
The minute we give those rights away, the land of the fair go may become a thing of the past.
From: Rev. Dr Dean Drayton, President Uniting Church in Australia
How did it happen that we were sitting in the Hon. Kevin Andrews’ Parliament House Office, watching the Minister for Workplace Relations presenting the Government’s Industrial Relations legislation on his own television?
I had some weeks before said on radio that the Prime Minister had replied that he was too busy to speak to the National Council of Churches. Within 24 hours I had been informed that it would be possible to see the Minister for Workplace Relations in a few weeks time. By accident, our appointment turned out to be at the same time as the legislation was tabled in the House of Representatives.
I had taken with me the Rev. Ann Wansborough, Mr Mark Zirnsak and Alicia Pearce representing Uniting Justice. We told the Minister we were concerned at the plight of vulnerable Australians under the new legislation. This reflects the decisions of the 1994 National Assembly of the Uniting Church which stated that: “the market is not an adequate way of organizing paid employment, since not everyone has equal power in the market.”
It seemed to us that a hard employer could drive down wages and conditions under the proposed system, far below the current Award minimums. The example of “Billy” on page 15 of the Government’s own WorkChoices document showed a person forced to accept far lower entitlements than those available to existing workers, even though he uses a bargaining agent. If he wants a job, he must accept what he is offered. In the workplace, once one person accepts less than the existing safety net, future employees will have to reckon this as the new standard.
It is even more worrisome to consider what would happen if Billy did not accept the AWA. If Billy then went to Centrelink he would be penalised because he had not accepted the job available to him - he would not be entitled to unemployment benefits for several weeks. The pressure is very high on the person who needs a job to sign the AWA. This is not a level playing field.
We also discovered that the balance of the membership of the Fair Pay Commission depends on the initiative of the Minister. It became plain to us that the membership should be clearly spelt out in the legislation and that it should be a balanced group from the whole community on the five member Commission, including a person representing the union movement. More particularly, the legislation requires the Fair Pay Commission to use market and economic guidelines to set the minimum wage. There is no mention of employees’ basic needs, or Australia’s international obligations. We told the Minister that the Commission should consider factors in addition to the market and the economy, something such as a ‘living wage’ which included a social element, so that then at least the safety net would reflect community values and wider treaty considerations.
Further discussion did not find any way to address the issues of unfair dismissal, which directly affects 4 million Australian workers in companies of less than 100 employees. If the boss says an employee is no longer needed, then the employee can be dismissed and has no means of redress (unless an unlawful dismissal can be proved in an expensive court case). In an expanding market this is not much of a threat, but in a time of economic downturn the power of the boss to shed jobs will be very difficult to challenge.
While acknowledging the Minister’s concerns for the vulnerable in the workplace, we were not able to see how the legislation dealt with these issues. A further meeting with the Shadow Minister for Workplace Relations Steven Smith could not take place because of his involvement in the ongoing and passionate parliamentary debate. We did meet with Senator Barnaby Joyce, who agreed with our concerns, especially those for first time job applicants, and afterwards with an advisor to Senator Steve Fielding from the Family First Party, who also echoed what we were saying.
At each step along the way our concern for vulnerable Australians in the workplace increased.
While walking out of Parliament house, we passed the Prime Minister and the Attorney General holding a press conference. At this conference, they had announced that an immanent threat to Australian security had led to them seek a special session to quickly pass the Anti-Terrorism Bill, which was also before the Parliament. A letter I had written to the Prime Minister on the previous Friday outlined concerns with this legislation’s effect on civil liberties.It seemed to me a Worrying Wednesday, when a more restrictive future for Australia was announced and an uncertain time for the vulnerable and poor in our land; foreshadowing a greater division between the wealthy and the rich, as well as greater legal restrictions on personal liberty. I hope my forebodings are proved incorrect.
I join with those who are giving thanks for the ministry of the Rev. Gordon Moyes this week in special celebrations as he prepares to retire at the end of December. As one who worked with Gordon on the Board of Wesley Mission I have a great respect for his drive and energy as the Superintendent of Wesley Mission.
I know well Gordon’s particular evangelical position which he holds within the broad framework of the Uniting Church.
I am saddened that at this time Gordon has seen fit to criticise those whom he calls the bureaucrats in the Church In particular I am disappointed that Gordon does not realise that being Superintendent of Wesley Mission is quite different from being National President of the Uniting Church.
This three year appointment as the representative of the Church requires me to speak what the Assembly has decided, rather than state my own position. He wrongly asserts that I made a mistake in not referring Resolution 84 to the other councils of the Church for concurrence. That was a decision the Assembly made. This 280 strong body is one of the most representative groups of any group in Australia with membership from every part of the country. His claim that it is made of church bureaucrats is a way of avoiding the fact that the Assembly has made decisions that he does not agree with. His assertion that Resolution 84 approved the ordination of homosexuals is also wrong. The Assembly continued to assert as it had done in 1991 and 1994 that the Presbytery, the regional body of the Uniting Church makes the decision as to who is ordained.
Nevertheless we uphold the Basis of Union of the Uniting Church which gives the right for each of us to express our convictions with the proviso that we respect the opinions of others as we search for the way to be faithful to Jesus Christ in our time.
The leaders of 7 migrant communities from across the Uniting Church gathered in Sydney recently with the leadership of the Assembly to discuss the impact of the decision on Membership, Ministry and Sexuality made at the 10th Assembly.
The 17 leaders representing 6 National Conferences and the Korean Commission, joined with the President and General Secretary on October 12 to explore ways the voices of migrant communities can be heard in discussions on membership and ministry at the 11th Assembly.
The meeting was an opportunity for honest sharing and open conversation and while there were a variety of views expressed, there was an overwhelming sense of goodwill expressed and a general confidence that migrant communities value and want to remain within the Uniting Church.
“While those present acknowledged that the migrant communities of the Uniting Church do not speak with one voice, the meeting discussed ways to ensure that the variety of perspectives and views can be heard at next year’s Assembly,” Rev. Terence Corkin said.
“We know the decision made by the members of the last Assembly has impacted on the mission of many migrant congregations, but what this meeting reminded us is that despite the difficulties faced by some of our migrant communities, they have a genuine spirit of community and belonging to the Uniting Church as we journey together.”
Rev. Corkin said three clear points of view were expressed about how best to deal with the issue of ministry, membership and sexuality at the 11th Assembly.
1) The continued debate is unhelpful at this time because a number of communities are not able to even hold such discussions and/or find it distracting from their mission;
2) Support for Resolution 84 because it affirms the polity and processes that have always existed within the Uniting Church and that the Presbytery is best placed to discern whether someone is called by God to be a minister and does this on a case by case basis through a fair, thorough and careful process;
3) Conviction that the Christian ethic upholds celibacy in singleness and faithfulness in marriage
Rev. Corkin said those who attended were re-assured to hear that processes would be put in place at the 11th Assembly to ensure the views of Pacific and Asian congregations were heard.
“Those who attended told us they wanted to be able to maintain and hold on to the cultural heritage and the biblical and theological perspectives that have formed them. They wanted an assurance the Uniting Church would respect these perspectives and listen to them when making decisions that shape the future of this church at the 11th Assembly. They were pleased to hear the current position of the UCA gives this assurance.”
Those who attended the meetings were keen to name the things we agreed on in the UCA. Some of the affirmations shared included:
• We appreciate the Uniting Church and are glad to share our journey of faith within it. We appreciate the Uniting Church’s openness to receive and welcome people from different cultural backgrounds.
• For many there is the conviction that their biblical, theological and cultural backgrounds have taught that homosexuality is a sin. A key issue is whether we can live with those who have different views. A question for us is whether we can go along together with these differences? For this to happen we need respect and understanding for one another.
• We affirm that our Church seeks to be a community of faith that embraces a great diversity of people and perspectives. We affirm this diversity but we also acknowledge that it also presents us with a great challenge. We confess that we do not find it easy to listen to and respect those who have a different biblical and theological perspective from ourselves.
• We are thankful for our common faith in Jesus Christ.
• It is sometimes difficult to be Uniting. This journey brings joy as well as struggle. We know that walking together in this Church family means doing so even if we do not find agreement all of the time. • It is important that all persons, regardless of their views, receive appropriate pastoral care.
Those who attended the meeting were: Rev. Jason Kio (Chairperson Tongan National Conference); Rev. Jovili Meo (Chairperson Fijian National Conference); Rev. Apwee Ting, (Chairperson Indonesian National Conference); Rev. Samata Elia (Chairperson Samoan National Conference); Rev. Subramanian Manopavan (Chairperson Tamil National Conference); Isaac Cheung (Community Minister Chinese National Conference); Rev. Sang Jin Lee (Chairperson Korean Commission); Rev. Kisoo Jang, (Executive Secretary Korean Commission); Rev. Sani Vaeluaga ( Secretary Samoan National Conference); Mrs Eseta Maneilly; Rev. Liva Tukutama (Chair Multicultural and Cross-cultural reference Committee); Rev. Lu Senituli; Rev. Hedley Fihaki; Rev. Myung Duk Yang (Assembly Working Group on Cross-cultural Education); Mr. Johnny Obed (NSW Board of Mission); Rev. Swee-Ann Koh (Chair Multicultural Ministry Committee Vic/Tas Synod); Rev. James Latu (Multicultural and Cross-cultural reference Committee)
The University of Ulster recently unveiled its list of honorary graduates for the summer 2006 ceremonies. The Reverend Professor James Haire, past President of the Uniting Church in Australia and Director of the Australian Centre for Christianity and Culture, will receive the degree of Doctor of Letters (DLitt) in recognition of his promotion of interfaith understanding. A native of Belfast, he was educated at RBAI from 1951-64. He served as Chairperson of the Youth Committee of the Irish Council of Churches in 1966. After moving to Australia, he ultimately became President of Brisbane College of Theology and later was elected President of the Uniting Church in Australia (2000-2003). He serves as a member of the World Methodist Council/Roman Catholic Church International Commission and as such is a leading scholar and contributor to dialogue between the Catholic Church and Protestant churches, both in Australia and internationally.
The President of the Uniting Church, Rev. Dr Dean Drayton, will be among a group of 28 Australians visiting Brazil for the 9th World Council of Churches Assembly this week.
The Assembly will meet in Porto Alegre, Brazil, from February 14-23 addressing the theme God, in your grace, transform the world. The Assembly will be a time of encounter, prayer, celebration and deliberation for thousands of Christian women and men from around the world.
“The Assembly is the highest governing body of the World Council of Churches and is held once every seven years. This is the first Assembly to be held in Latin America and is being hosted by the National Council of Christian Churches in Brazil (CONIC) on behalf of churches throughout the region,” Rev. Drayton said.
Rev. Drayton said the Assembly would be asked to grapple with a number if important issues, including how to re-build relationships between the various churches in the new century, the importance of minimising competition and working together ecumenically and the richness of the west and the plight of those living in poverty in the world.The Australian group includes members of the Churches of Christ, Armenian Apostolic, Anglican and Uniting Churches.
The Commission for Reception, Truth and Reconciliation (CAVR) in East Timor submitted its report on human rights violations to the President of Timor Leste, Alexandre "Xanana" Gusmao on the 31st October 2005. In accordance with Timorese legislation, the President then handed the report over to the Timorese parliament and cabinent on 28th November 2005, and to the UN Secretary-General, Kofi Annan, on 20th January 2006. The CAVR's final report is a product of extensive public testimony from more than 7,000 victims and of comprehenesive investigations and research that yielded dramatic evidence of at least 102,800 deaths in East Timor under Indonesian occupation. Between 1974 and 1999 the report found that violations were "massive, widespread and systematic". Indonesian forces used starvation as a weapon of war, committed arbitrary executions, and routinely inflicted torture on people suspected of sympathizing with pro-independence forces. This included organized sexual enslavement and sexual torture of Timorese women. A number of recommendations are made in the report including a call for the perpetrators to be brought to justice. While the report covers thousands of pages, it has been released with the short title - "Chega!" - which roughly translates from Portuguese to mean "no more, stop, enough!". A copy of the CAVR 2,500 page final report has been posted by the International Centre for Transitional Justice (ICTJ) on at www.ictj.org
This morning the Uniting Church in Australia was contacted by Bishop Elmer Bolocon with the news that an entire mountainside collapsed on to the village of Guinsaugon in Leyte, Central Philippines. Covering an area of nine square kilometers, local communities were buried under 30 meters of thick mud.
Bishop Bolocon is the General Secretary of our partner church, the United Church of Christ in the Philippines (UCCP). He reports that Pastor Niel Toyhaco and his six month old son along with 65 other church members are among the 1,484 people who died in the tragedy last Friday. In neighbouring Magatas, 15 other UCCP members are feared dead.
The UCCP has formed a Task Group to assist in the search and rescue operation. Meanwhile, evacuees from neighbouring villages are being housed in UCCP facilities in St Bernard. Rescue efforts are concentrating on a school that was buried along with 206 children and 40 teachers.
Heavy rain hit in the region with 478 millimetres falling since 7th February (this is 5 times the average rainfall for the entire month of February). The National Disaster Coordinating Council warns there could be more landslides as “La Nina” is likely to cause further disasters over the next four months. Villagers in neighbouring communities are being evacuated and relocated.
Materials to construct temporary shelters, medicines, food, clothing, cooking utensils, blankets and equipment to retrieve bodies are all needed. Our partners write… “Our sisters and brothers are in great need. They will greatly appreciate all forms of help: your prayers or some material support or financial support.”Uniting Church Overseas Aid (UCOA) responded immediately to this call for help. $A.5,000 was sent this morning to support emergency relief being carried out by our partner. We are not setting up a specific disaster appeal however donations to support the work of our partner in the Philippines can be sent to: Uniting Church Overseas Aid (PO Box A2266, Sydney South 1235), freecall 1800 998122 (Mastercard, Bankcard and Visacard accepted). Rev John Barr
Executive Secretary (Asia)
Uniting International Mission
20th February 2006
The Assembly Standing Committee met in Sydney over the weekend and received several reports from our partner Church in Papua, the Evangelical Christian Church in the Land of Papua. The ASC passed a resolution calling on the Australian Government to seek a commitment from the Indonesian Government for them to act responsibly and with restraint in Papua and to offer more opportunities for dialogue with Papuan religious and community leaders concerning the present situation. The President has also sent the Foreign Minister a copy of a report written by UIM Executive Secretary, Rev. John Barr who returned from the province recently.
A man is his friends and the Reverend John Flynn made many of them, in the remotest parts of Australia, and in the cities and towns as well. He spread a ‘Mantle of Safety’ over the Inland, and brought it into the imagination of a nation.
Part of his vision was the design and building of Adelaide House in Alice Springs, a Nursing hostel, Bush Mothers hostel, manse and now museum which celebrates 80 years of service to Central Australia as a ‘Place for People’.
50 years ago, Flynn’s friends came together to build a Memorial to the Man and his vision. He never had time to build his dreamed for ‘Inland Cathedral’ – he was too busy building people, he said – so five years after his death, his friends built it for him.
The Uniting Church Congregation in Alice Springs is hosting a weekend of celebrations for the 50th and 80th Anniversaries of the John Flynn Memorial Church and Adelaide House and is inviting everyone and anyone who shares the story of these places to celebrate with us.
The North Queensland Presbytery Minister, the Rev Bruce Cornish, has visited widely in the area during the week and the minister in Innisfail the Rev Glen Louttit led a service of thanksgiving and remembrance in the Town Hall, the Sunday after Cyclone Larry devastated Innisfail and surrounding areas. Glen says that the situation is still catastrophic with electricity provided by generators, and most other services not yet available. He estimates over 30,000 people lived through this traumatic and catastrophic time, with the force of the winds greater than that of Katrina or the cyclone that devastated Darwin. The Moderator of the Queensland Synod the Rev David Pitman and the Gen Secretary of the Synod, the Rev Jenny Tymms, are in regular contact with the area. Church buildings and manses suffered minimal damage. Some members of congregations have lost their homes and their livelihoods. Many volunteers from churches to the South and North of the region are helping. The destruction is massive, the cleanup is on such a large scale, and the time to rebuild will take months and years. Let us continue to pray for those in the Innisfail area, in the immediate aftermath of this disaster, and vow to keep on remembering them during the long task of getting life back to normal. The Queensland Synod is receiving non tax deductible donations that can be more flexibly dispersed, and for those who want to receive the benefit of the tax deduction the request is to give through the Commonwealth Bank Appeal. Representatives of the Assembly’s National Disaster Fund have been in contact with the Presbytery Chairperson for North Queensland and the Synod Secretary assuring them that there are funds available through this source to assist the UCA’s response. Rev Dr Dean Drayton
Lord God of the winds and waves, of energy and order, we pray for those who have experienced the fury of forces that have devastated their region and struck terror into many hearts. We give thanks for the security of our own precious worlds of home and street and job. We pray for those for whom these have been crumpled up like roofs in a screaming gale, and now feel so bereft and exposed to the forces of this universe, and their own deepest feelings of loss and exposure. Keep before us the ways we can help rebuild shattered buildings, and devastated fields. And give understanding and insight to those who find the tears so close to the surface, bubbling up unheralded when the memories come of the fear and the helplessness huddling before the seemingly never ending wind and rain.
We pray wisdom for those who are given the task of restoring order, hope for those whose needs are great, and patience for those who know there are no quick solutions. Through Cyclone Larry’s threat to community may new communities be built, bringing new life to the area, new relationships with government, and a new confidence in life. As you give, O God, rich and full and always beyond what we expect, help us too, to grow in such generosity. Through Him who lived through a shattered world, to a cross and a resurrection, even Jesus Christ our Lord, we pray. Amen.